Senate Bill 2186

(COMMITTEE SUBSTITUTE)

AN ACT CREATING A JOINT STUDY COMMITTEE TO STUDY AND MAKE
RECOMMENDATIONS CONCERNING A PENSION PLAN RESTRUCTURE FOR TEACHERS RECEIVING A
RETIREMENT ALLOWANCE WHO ARE OFFERED REEMPLOYMENT IN SCHOOL DISTRICTS WITH A
TEACHER SHORTAGE; TO DIRECT THE JOINT COMMITTEE TO STUDY AND MAKE
RECOMMENDATIONS ON THE CONDITIONS FOR SUCH REEMPLOYMENT OF RETIRED TEACHERS IN
ORDER TO MAKE THE PLAN COST NEUTRAL TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM;
TO DIRECT THE JOINT COMMITTEE TO MAKE A WRITTEN REPORT OF ITS FINDINGS AND
RECOMMENDATIONS BEFORE DECEMBER 1, 2003; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF MISSISSIPPI:

SECTION
1. A Special Joint Committee is
created to Study and Make Recommendations Concerning a Public Employees'
Retirement System Plan Restructure for teachers receiving a retirement
allowance who are offered reemployment in school districts in Mississippi with
a documented teacher shortage. The
joint committee shall be composed of the Chairman of the Senate Appropriations
Committee, the Chairman of the Senate Finance Committee, the Chairman of the
Senate Education Committee, the Chairman of the House Appropriations Committee,
the Chairman of the House Ways and Means Committee, the Chairman of the House
Education Committee, the members of the Joint Legislative Oversight Committee
of the Board of Trustees of the Public Employees' Retirement System, the
Executive Director of the Public Employees' Retirement System, the State
Superintendent of Education, the Chairman of the State Board of Education, a
licensed teacher appointed by the Lieutenant Governor, and a local school
superintendent appointed by the Speaker of the House.

Within sixty (60) days after sine die
adjournment of the 2003 Regular Session of the Legislature, the Lieutenant
Governor and Speaker shall appoint the members of the committee, after which
the entire joint committee shall meet on a date designated by the State
Superintendent of Education in Jackson, Mississippi, to select a chairman,
organize the committee and establish rules for transacting its business and
keeping records. An affirmative vote of
a majority of the members from each house shall be required in the adoption of
rules and reports. All members of the
joint committee shall be notified in writing of all meetings of the committee,
which notices shall be mailed at least five (5) days before the dates of the
meetings. The joint committee may
establish any subcommittees that it deems desirable to study and report to the
committee with respect to any matter that is within the scope of this act.

The joint committee shall review in depth
and study the present laws and regulations of the state and federal government
and the Internal Revenue Service relating to retirement and reemployment of
public employees generally, and teachers specifically, and make recommendations
regarding the implementation of a PERS retirement option in response to
increasing teacher shortages in the public schools in Mississippi. This study shall address the following: (a) Internal Revenue Service requirements,
and recent rulings, regarding the length of time a retired member must be
retired prior to being eligible for reemployment; (b) the contract period and
workday requirements allowed for any such retired member to be reemployed; (c)
may this retirement option be limited to teachers if the employing school
district has a teacher shortage due to its geographical location or a teacher
shortage in high-demand subject areas; (d) what documentation is required for
such reemployment contracts; (e) what salary, health insurance or leave
benefits should be allowed to such retired teachers who are reemployed under
this option; (f) what salary should the retired teacher receive upon
reemployment in order to maximize participation in this option within federal
requirements; (g) in order to make this option cost neutral to the retirement
system, what contributions should be required from the state, the school
district and/or the participating member.
The joint committee shall make a written report with proposed
legislation relating to its findings and recommendations, and shall mail copies
of the report to each member of the Legislature not later than December 1,
2003. Upon submission of its report,
the joint committee shall be dissolved.

In carrying out the provisions of this act,
the joint committee may utilize the services, facilities and personnel of all
departments, agencies, offices and institutions of the state, including the
state universities and the community and junior colleges, in particular the
State Department of Education and the Public Employees' Retirement System, and
each requested agency shall cooperate with the joint committee and provide the
joint committee with any information and other assistance requested by the chairman.

Nonlegislative members of the joint
committee shall serve without compensation.
For attending meetings of the joint committee, each legislative member
shall be paid per diem compensation in the amount authorized by Section 25-3-69
and a mileage allowance and an expense allowance in the amount authorized by
Section 5-1-47. Legislative members
shall be paid from the contingent expense fund of the member's respective
house. However, no per diem
compensation, mileage allowance or expense allowance shall be paid for
attending meetings of the joint committee while the Legislature is in session,
and no per diem compensation, mileage allowance or expense allowance shall be
paid without prior approval of the proper committee in the member's respective house.

SECTION
2. This act shall take effect and
be in force from and after July 1, 2003.